Newyorkprobatelawyerblog.com Website Review

Read on for useful information about Jules Haas, his practice, and blog below Read the Blog Probating a Will in New can often be an uncomplicated process.  While there are many aspects to a probate case, in most instances the surviving family is cooperative and there is no controversy among the parties involved. However, New York Estate Lawyers are familiar with situations where there are disputes that lead to estate litigation in the form of Will they take the time and effort to insure that the Will is prepared and executed according to the statutes and procedures.  The primary source of guidance is Estates, Powers and Trusts Law (EPTL) section 3-2.1 The New York Probate Lawyer Blog has published many articles concerning Will contests and Surrogate’s Court procedures.  The basic grounds for contesting a Will and filing Objections involve improper execution, lack of testamentary capacity and undue influence.  Also, fraud is sometimes alleged and the authenticity or forgery of the docu*ent can be as*erted. There are numerous instances where the identity and location of estate as*ets is a source of New York City Estate litigation in the Surrogate’s Court.   An estate fiduciary such as an Executor has a fiduciary duty to collect and protect estate as*ets for the benefit of estate beneficiaries.  If the fiduciary fails to carry out his responsibilities he may be found to have breached his fiduciary duty When a person dies a search is commenced to collect as*ets.  The New York Probate Lawyer Blog has discussed this issue in recent and past posts.  The primary source of a remedy to find as*ets is found in Surrogate’s Court Procedure Act (SCPA) section 2103 withheld or obtain information”.  This statute is very broad in scope and allows an executor or administrator to investigate all circu*stances which may lead to the identification and recovery of as*ets.  While the statute is sometimes seen as allowing what is referred to as a “fishing expedition”, the Surrogate’s Court generally allows a wide opportunity for inquiry.